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People everywhere – from Bethesda to Federal Way, and from Culver City to Belmont – know the failures of the NextGen program:

that the program is a fraud, pretending to implement new technologies that have actually already been in common use for decades;

that FAA is pushing NextGen solely to get Congress to dole out more money, to prop up more FAA waste;

that, to get the airlines (and their main lobby, Airlines for America, A4A) to not oppose NextGen, FAA is focused on removing all noise mitigation procedures and local agreements, at all airports;

that FAA is enabling the airlines to expand flights per hour without limits (hub concentration);

and that FAA is also enabling the airlines to fly repetitive routes that are lower and closer to the runways (route concentration), with a wholesale disregard for how these routes are destroying even our oldest communities.

Historically, our economic and political system has been a point of pride, in no small part because it has had a press that operates freely, a press that would reliably expose frauds and compel the correction of failures. People have been well served when reporters dig deep, unspinning the spin and propaganda.

There has been a lot of evidence in the last year, that this ‘free press’ is dead, that in fact most elements of the mainstream media now serve corporate and political agendas. Likewise, we have seen too many elected officials who seem to be incapable of comprehending the impacts, who instead can only understand serving commerce so they can get campaign contributions. ‘60 Minutes’ can do better, can help restore the balance we have lost, and in the process can help rebuild public confidence in the mainstream media.

(click on image to view source Change.org petition page)

Will ‘60 Minutes’ listen? If hundreds of us take a few minutes and send emails, letters, tweets and calls, expressing how NextGen is impacting our homes, will ‘60 Minutes’ do the diligent research and expose the depth of FAA’s NextGen failure? Let’s hope so.

There are hundreds of smart people, across the nation and standing ready to help ‘60 Minutes’ write the powerful news story needed by thousands.

Here’s some data to ponder as we start into a new year: a table, showing commercial operations at each of FAA’s OEP-35 airports, from 2007 onward.

Focus first on the pink column, three columns from the right edge; the airports are ranked in descending order, by the percent decline in annual operations, comparing 2015 with 2007.

Note that the largest declines, at Cincinnati [KCVG], Cleveland [KCLE], and Memphis [KMEM] are huge: down 61%, 53%, and 43% respectively. Note also, the declines are even larger when you compare Total Annual Operations in 2015 vs the various historic peak years for each OEP-35 airport, in the two columns on the far right; for these figures (which include general aviation and military operations data), all airports have declined, ranging from 74% to 2% and averaging 24%.

Click on the image below for a scrollable view; the PDF file may be downloaded.

Three facts stand out from this table, and they all strongly contradict the sales pitches that FAA and industry have been collaborating on the past few years:

Note the bright green line across the table. Just under it are five airports: Charlotte [KCLT], Reagan National [KDCA], Miami [KMIA], Seattle [KSEA] and San Francisco [KSFO]. These are the only five of the OEP-35 airports that recorded an increase in commercial operations from 2007 to 2015; i.e., 6 out of 7 OEP airports SLOWED substantially while the national population grew.

The airport identifiers marked in a dark-red background color are the airports that in 2016 had extensive noise complaint histories (documented online, and in the mainstream media) related to route concentrations under NextGen. Routinely, FAA has imposed these routes without adequate public review, abusing the ‘categorical exclusion’ process. Numerous legal actions have resulted.

For all OEP-35 airports combined, commercial operations have steadily declined 11% from 2007 to 2015, nearly every year. This is industry contraction. And furthermore, the vast majority of U.S. commercial airports peaked in the 1990s, some more than two decades ago!

WIth the new year, we’ll see a new adminstration and changes at FAA and DoT. Don’t be fooled by the impending onslaught of yet another round of propaganda. The U.S. NAS is operating at far below historic peaks and continuing to trend downward. Growth is rare, and limited to key airports where airlines are concentrating flights into superhubs that severely impact local quality of life. The only true beneficiaries of NextGen and ATC privatization are industry stakeholders (especially the airline CEOs, FAA officials, lobbyists, and manufacturers, plus a few elected officials), who will narrowly share the profits while completely ignoring the larger environmental costs.

We don’t need oversold technology fixes pitching RNAV and RNP solutions that have been used for decades; technologies that could and would serve us all beautifully, if FAA would assert its authority with balance, and manage capacity at the largest U.S. hub airports. We need airports to serve communities while being truly environmentally responsible. And for that to happen, we need a new era of transparency and accountability at FAA. We need reform.

The green trapezoid delineates an RPZ at the north end of the Aurora Airport, near Portland, OR. This RPZ, similar in size to what is needed to accommodate charter jets at Santa Monica, measures 500ft by 1010ft by 1700ft long. As is the case nearly everywhere, all obstructions were removed from this RPZ: there are no structures within the trapezoid, and the lines of trees have all since been removed (not even stumps are allowed… they are considered too dangerous).

A Runway Protection Zone (RPZ) is a trapezoidal space, positioned at the ends of all runways, designed to create a safety buffer for when aircraft fail to stay on the runway. Santa Monica has no meaningful RPZs. In fact, despite lots of searching, I have not been able to find any other U.S. airport with hundreds of homes standing inside the RPZ. The vast majority of U.S. airports have ZEROhomes standing inside the RPZs.

This graphic illustrates where the Santa Monica RPZs would be, if FAA applied its safety standards there:

In contrast with the RPZ at KUAO, these safety areas at Santa Monica have hundreds of houses. (click on image for larger view)

Nationally, FAA has generally done a good job on RPZs; they have defined the dimensions, and they have firmly and consistently guided airport authorities to comply with these design standards that are needed to protect pilots, paying passengers and airport neighbors. FAA has thus secured safety control at essentially all airports, but NOTat Santa Monica. There, a close inspection of the RPZs shows approximately 270 homes exist in the Santa Monica RPZs, meaning that the RPZs are, frankly, nonexistent. Here are larger images; try to count the houses yourself:Nice homes, in a beautiful area with the finest weather, yet these people endure air pollution, noise pollution, and the constant fear of an off-airport crash. This makes no sense, and it does not have to be this way.

How Does Santa Monica Compare With Other Airports?

The PDF below presents a compilation of satellite views, comparing airport RPZs for Santa Monica with thirteen other airports in five western states (California, Oregon, Washington, Idaho and Nevada). Each of the airports selected for comparison is noted for heavy use by air charters and private bizjets. Two especially notable conclusions from this analysis are:

homes are virtually never allowed to stand within RPZs, as it is just too dangerous. So, why hasn’t FAA either bought out the homes in the Santa Monica RPZs or, far more pragmatically, simply shut down jet operations there?

if FAA shut down jets at Santa Monica, the capacity to absorb them at larger and safer airports in nearby Van Nuys [KVNY] and Burbank [KBUR] is enormous. As is typical throughout the U.S., both of these airports were built to accommodate traffic levels that have since declined by half.

Click on the image below for a scrollable view; the PDF file may be downloaded.

It is quite clear that, with the election results and the imminent White House occupancy change, coordinated efforts are ramping up to try and push through the latest pet projects: ATC privatization, and accelerated NextGen funding. These efforts are sourced in some backroom ‘collaboration’ between top-level FAA officials, key aviation leaders in Congress, and the industry (the airlines, the manufacturers, and the lobbyists).

As has always been the pattern, the Av-Gov Complex will knowingly lie to sell their schemes. One of the most graphic lies of the present cycle is variations of this graphic:

This misleading graphic is liberally posted in news articles, FAA reports, etc. It implies that today’s air navigation systems are primitive, needing to upgrade via a progression from zigzag routes (left image) through RNAV routes and eventually RNP routes. An important fact being hidden, though, is that RNAV and RNP routes already exist, as they have for years. (SOURCE: pg.7 of FAA’s SatNav News, Summer 2011 edition)

Time and again, this image is pushed to help brainwash the Public (and especially Congress) to believe the current ATC system is incredibly archaic and shockingly inefficient, with flights zigging and zagging all across the continent. They pitch NextGen as ‘transformative’, while ignoring and concealing the facts that:

commercial passenger flights have been flying mostly direct flights for decades, and thus these graphically presented zigzags are a complete lie;

RNP & RNAV procedures have been available and usable by these flights for roughly two decades, and thus the whiz-bang NextGen changes are not really changes (we can accomplish the expensive NextGen goals by smartly using what we already have); and,

an entirely new class of delays has been recently invented – enroute delays, at altitude; typically 100-200-miles from the destination airport, these are used to smooth out arrival surges because FAA refuses to restrict appropriate arrival rates to accommodate known airport capacity limits.

FAA et al need to be called out on this misinformation. It turns out, you will find two versions of this deceptive diagram in Chapter One of nearly every recently completed ‘Environmental Assessment’ for various airspace changes around the nation. Here are some examples, from recent OAPMs (Optimization of Airspace and Procedures in the Metroplex); look at the identical content in any of these cookie-cutter documents, at these pages:

The fight in Santa Monica continues to heat up. City officials have labored for nearly four decades, and patiently endured one FAA delay tactic after another, in their quest to assert local control so they can best manage their local airport. Now, an official at FAA Headquarters in Washington, DC, has issued an ‘Interim Cease and Desist Order’. For what it’s worth, here is a copy of the City’s official response:

(text of email by City officials; minor edits may have been added, but only to clarify)

The Order appears authoritative and very threatening, but a closer inspection suggests it is just another bluff by an out-of-control federal agency. Here’s the closing declaration, at page five of FAA’s 15-page document, signed by Kevin Willis, an FAA Director at the Office of Airport Compliance and Management Analysis, on 12/12/2016:

“…where does FAA have the authority to issue a ‘Cease & Desist Order’, intervening in the relationship an airport authority has with an airport tenant? I mean, by this logic, FAA should also have the right to dictate all sorts of airport management details, not at all related to aviation safety.”

Evidence That This is Just a Bluff

FAA’s authority to issue the Order is cited as footnote one, on the bottom of page 1 which reads: “This Order is issued pursuant to 49 U.S.C. § 46105 and 14 CFR § 16.109.” So in the probably 100-200 man-hours that went into drafting this Order, FAA’s legal team offered not one but two cites. But, is either cite valid?

I’ll lead off with the second cite. According to GPO’s eCFR website, FAA’s second cite DOES NOT EXIST. I.e., per the screencap below, 14 CFR § 16.109 is a ‘reserved’ section of the CFR framework, meaning there is no language to be consulted.

Two screen-captures by aiREFORM, from the current/valid electronic CFR (Code of Federal Regulations) website. These show that there is no valid 14 CFR section 109.

And note, too, this is NOTan out-of-date version; the GPO website declares this eCFR is current as of 12/12/2016 … the same date as Mr. Willis’s signature!

And now let’s consider the other cite. FAA cited 49 U.S.C. § 46105, but their error is immediately revealed by simply reading the language of the law. The actual section contains these words: “…a regulation prescribed or order issued by (…) the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator (…) takes effect within a reasonable time prescribed by the (…) Administrator.”

Note the qualifier, “…with respect to aviation safety duties and powers designated…” FAA’s current action against Santa Monica has nothing to do with ‘aviation safety duties’, and FAA’s legal team has failed to actually cite any real authority. If you want to look even further, see this archived PDF copy of the entire Chapter 461, which contains all sections, from 46101 through 46111. It is a searchable copy, so it is easy to quickly establish: Chapter 461 contains neither the term ‘cease’ nor the term ‘desist’, and the cited § 46105 contains no real authority.

Now, just to be clear, I am not a lawyer. BUT, as a forced-to-retire FAA ATC whistleblower, I have plenty of experience with FAA’s bluff and bluster. FAA pays plenty for their hundreds of inside attorneys, and these civil servants are expected to distort and deceive at will, in support of the true and not-so-ethical FAA mission. If my quick legal assessments are flawed, please show me my error. And if they are not flawed, clearly, it is time for FAA to get off their bureaucratic butts and let the People in Santa Monica get on with owning ANDcontrolling their local airport.

UPDATE, 12/20/2016: — a week has passed and nobody has yet provided even a flimsy legal basis for FAA’s administratively issuing an ‘Interim Cease & Desist Order’ against the City of Santa Monica. The most substantial response I have yet seen was sent by Chris Harshman, and a screencap is provided below:

Here’s what I sent back to Chris:Chris did make one good point in his email. He identified my error in interpreting the CFR nomenclature. The Code of Federal Regulations are an extremely deep and tangled set of rules. When I researched my blogpost, I could not find a 14 CFR § 16.109 and ended up finding a list that looked like it was regarding 14 CFR § 16.109, but was actually declaring that 14 CFR Part 109 was reserved. The online version is viewable here (and I archived a copy, all 31-pages, here).

Of course, we also have the problem that the preamble for the 31-pages of 14 CFR Part 16 says that “…provisions of this part govern all Federal Aviation Administration (FAA) proceedings involving Federally-assisted airports….” This strongly suggests that Part 16 cannot be applied against Santa Monica, because Santa Monica dropped their addiction to airport federal assistance many decades ago.

Thankfully, all of this confusion is easily solved. We just need FAA to start serving ALL OF US, not just the elite aviation interests. Airports serve communities, not businesses; airport impacts need to be properly balanced against health, residential quality of life, and other issues. Attorneys can help make this happen… IF they choose to serve more than just the mighty dollar.

A classic example of the sacrifices commonly made by aviation impact activists is happening today, in a Denver courtroom. A single airport operator, Mile-Hi Skydiving, makes money by using their fleet of skydiving planes, outfitted to climb faster ANDmake more noise. So as not to annoy the actual near-airport residents, the planes are flown a few miles away and the climbs, which commonly drone on for 15- to 20-minutes, impact the residents below. The problem came many decades after the airport was built, coinciding with aircraft purchases and modifications by Mile-Hi owner Frank Casares.

As is nearly always the case, FAA is doing nothing to help resolve the problems. Indeed, doing the quite the opposite, FAA is enabling the operator (Mile-Hi) and ensuring these impacts will persist and even worsen. Just as they do at East Hampton, Santa Monica, Mora, and a dozen or so NextGen-induced noise canyons (e.g., [KLGA], [KPHX], [KCLT], [KSEA], [KBOS]), FAA is obstructing every effort for meaningful LOCAL CONTROL of local airports. Somehow, we are supposed to suspend rational thinking and believe that, if the local City Council wanted to impose reasonable restrictions on the lease they have signed with Mile-Hi, it would compromise safety to have them execute quieter climbs or limit their operations to say a 6-hour block each day? Likewise, FAA (and the industry they protect from the Public!) expects us to believe this total capitulation to the profit-motives of a single skydiving operator is critical for our National Airspace System (NAS) integrity?

Bullshit. Shame on you, FAA et al, for continuing to obstruct reasonable attempts toward local resolution. Sleep, and the quality of our home environments, is important … far more necessary than your propping up the narrowly distributed profits of operators like Frank Casares. Let’s bring some balance back to these situations: more LOCALcontrol at our local airports.

Thank you, Kim, Citizens for Quiet Skies, and the others who have bravely spoken up to fix this local problem. Against a hostile local press, a corrupt and commerce-biased state court system, you fight on. And your battles help many others, from East Hampton to Santa Monica to Mora.

Click on the image below for a scrollable view; the PDF file may be downloaded.

Here’s an example. The two images below are screencaps, showing consecutive slides in FAA’s video, at times 1:07 and 1:13. The first is a satellite view of a hilly, minimally developed and predominantly forested land area; the second is a blue graphic with FAA’s splashy declarations alleging ‘transformative’ benefits of NextGen.

(a fraudulent and intentionally deceptive image provided by FAA, at time 1:07 in the video)

No explanation is necessary, but what the hell. Lies annoy me, so I love to skewer them with facts. Here goes… the satellite view presents the direct green line and a zigzag red line route. The clear intent of this green vs red graphic is to impress upon us that our commercial airliner will become amazingly more efficient if, via NextGen, we let them fly those direct ‘greenlines’.

The problem is, it is utter bullshit. Our commercial passenger planes have been flying direct routes (the equivalent of these greenlines) for more than four decades. Thus, this graphic implies a change that will not happen, an alleged benefit never to be gained.

June 2014: Huerta hawking NextGen in Houston)

And, furthermore, study that satellite view. It’s fuzzy, but it offers enough detail, including roads and granularity related to both vegetation and topography, that anyone who studies aerial imagery can see: this land area is no more than 10- or 20-miles across. A commercial jetliner would NEVER be able to fly the red zigzag route as the turns are far too tight. But, of course, that does not stop FAA from pushing this kind of NextGen disinformation. All for the money.

And think this one step further: as stated by FAA, those red lines represent a ground-based route; thus, there have to be navigational stations at the locations where the red lines bend. Out in the middle of this area of hills and hollers. Yeah, right. I wish FAA would show more respect for our intelligence, and for our money.

Michael Huerta: you’ve been FAA Administrator through all of this. Are you going to tell your FAA employees to clean this up, or are you just going to leave the NextGen mess for the next Administrator?

Time and again this year, the mainstream media has been shown to be fully collaborating with those they report on, thus effectively serving not as objective journalists but as servant propaganda agents. We’ve seen this in politics (yes, 2016 has been a big and very troubling year!), and we’ve seen it in the lobbying efforts of certain industries, aviation included.

The key to these propaganda campaigns is to ALWAYSframe the message (using carefully selected keywords), and coordinate the delivery of information. In the context of our U.S. Congress, in its present and ongoing state of oligarchy-serving dysfunction, it is critical that opposition voices are tamped down; that is, it would be problematic if any of the aviation stakeholders spoke up against the objective. So, within the group of stakeholders/players who are coordinating the propaganda campaign, each must find an aspect of the program that serves their own narrow interests, and accept that personal benefit as sufficient for their agreement to remain quiet about aspects they dislike. This is precisely what has evolved with NextGen and ATC Privatization; this is how we end up with the air traffic controllers’ union, NATCA, doing a reversal this year and now declaring that union leaders are onboard with both proposals.

The current propaganda campaign for the U.S. aviation system focuses on two things:

ATC privatization – the ‘real goal’ is to further insulate this safety/regulatory function from accountability and transparency, making it that much harder for impacted citizens to resolve aviation-related problems. Many in industry like this idea, for obvious reasons (it creates ‘business opportunities’); top officials at NATCA see a chance to remove controllers from federal salary caps and the age-56 mandatory retirement, so thousands of the most senior controllers today would earn more than $180,000 per year (and build much larger retirement pensions).

NextGen investment – as happens with most matured agencies, there is a constant need to project a message that helps the agency mission appear relevant and worthy of further funding. So, every few years, FAA dreams up a way to spend money, coordinates with ‘stakeholders’ to ensure their non-opposition, then carefully maneuvers Congress, seeking billions for a new so-called ‘transformative’ program. It is all smoke-and-mirrors and pork, benefitting not just industry players but also FAA officials who retire, collect pensions, and become consultants and lobbyists for those same industry players.

Any effective propaganda campaign requires consistent and frequent restatement of key bits of disinformation. I.e., if you repeat a lie long enough, it effectively becomes fact. This truism is understood and abused by both major political parties in the U.S., just as it is understood and abused by accountability-averse agencies, FAA included. So, what are the key bits of disinformation FAA is using…?

use the words ‘increasingly congested’ … even when you know it is just a bald-faced lie (see the data analysis within the Post, The Incredible Shrinking NAS … that FAA & the Av-Gov Complex Don’t Talk About; on average, for the 504 U.S. airports with control civilian control towers, annual operations are now down 45% from the peak years at each airport. DOWN 45% … but does the mainstream media tell us this statistic?

distract the citizens with snazzy graphics and jargon that pretends to be selling something new and incredible [even when the actual change is minimal to none]

tack on the latest buzzwords, such as ‘transformative’, ‘collaborative’, and of course ‘NextGen’.

make sure it appears that the message is organic, authentic, and sourced NOT in the agency (FAA) but in the real world (the airlines, the airline lobby, the unions, the manufacturers). [again, this is just illusion… there is a huge amount of coordination going on behind the scenes, with FAA and the other parties very carefully designing the campaign, and orchestrating who says what and when]

Here’s a recent example: a news article with warm and fuzzy airport growth hopes at the St. Paul Downtown Airport [KSTP], near Minneapolis. This is an airport catering primarily to elite personal and business travel, such as using charter bizjets. The airport management expects roughly a hundred elite sport fans to use KSTP in early 2018, for their flight to watch the Super Bowl. The article more than implies that the airport is a money-generator. But, as shown in this aiREFORM analysis, and as is so typical across the nation, annual operations at this airport peaked in 1990 and have since declined 70%. The federal monies spent there are essentially maintaining infrastructure that is increasingly underused.

So, when you read articles such as this, be sure to consider the long history of spin and propaganda by FAA and other Av/Gov Complex players.

Here is a screen-cap of a thoughtful Facebook post. Susan is a ‘victim’ of TNNIS and other NextGen routes east of LaGuardia Airport [KLGA], who has worked tirelessly trying to get FAA to responsibly fulfill their role as a regulator that can mitigate environmental impacts.

(click on image to view source at Facebook)

It is important to understand that NextGen is really just about spending lots of money. The money comes primarily from airline passenger taxes and Congress, and the recipients are a small group of avionics manufacturers, as well as lobbyists (many of whom are retired FAA ‘regulators’).

In order to obtain needed funds, the Av-Gov Complex had to sell the NextGen concept to Congress. This meant building an appearance of cohesive support, including especially the airlines and labor. This they accomplished by ‘collaborating’ to produce the following strategy:

dupe the public (including Congress) by claiming NextGen offers something new and incredibly efficient … such as their coordinated sales pitch with graphics showing zig-zag routes that have not been commonly flown for more than five decades!

ignore the many examples of how no substantial efficiency gains are achieved; for example, the routine use of enroute delay vectors (which commonly more than compensate for the short time savings of low/early departure turns);

entice the airlines by promising the elimination of noise mitigation routes at major hub airports … allowing turns lower and closer to the runways, for both departures and arrivals;

The airlines and the controllers’ union (NATCA) could say lots about how bogus the whole NextGen sales pitch is, but their silence has been bought. Just a few years ago, NATCA was strongly critical of NextGen; today, controllers who question why the NATCA leaders are advocating ATC privatization (which is hand-in-glove with NextGen implementation) are pressured into silence. And, as for the airlines, Delta stands alone as the only major airline willing to critique the Av-Gov sales pitch.

In simplest terms, FAA is committing a fraud while diminishing quality of life at the homes of hundreds of thousands of residents. This is a ‘taking’, without just compensation. It is being done by FAA, against the People, to narrowly benefit the Av-Gov Complex.

Summer of 1994 was one of the rare times where control of the White House, the Senate, and the House was owned by one party, in this case the Democrats. In aviation, 1994 was a time of transition into the use of new GPS technologies.

To put it into context, it was two years later, in 1996, that GPS took center stage in the newest round of proposals (or would ‘schemes’ be a better word?) to secure billions to fund another upgrade of ATC technologies. We had seen hellish commercial accidents (ValuJet 592 in May 1996, and TWA 800 in July 1996) as well as the abrupt resignation of DoT Inspector General Mary Schiavo (due to industry and internal opposition against her aggressive stance on FAA regulatory failures), and we were in the middle of the General Election of 1996, when incumbent President Clinton created the ‘White House Commission on Aviation Safety and Security’, chaired by Al Gore. The testimony and the final report drifted far from the ‘security’ aspect, instead emphasizing ‘efficiency’ changes to be achieved using GPS. And, then too, despite the effort by this commission and spin by the administration, five years later we had a total breakdown of aviation security on September 11th.

And here we are, another ten years further along, and both FAA/Industry are continuing to propagandize for greater NextGen spending, but with almost no tangible benefits beyond what we were already able to do more than two decades ago.

How is this all relevant to the CatEx-approved version of NextGen being imposed since 2012? Well, reducing CO2 has now become one of the Av-Gov Complex’s key justifications for imposing noise impacts; i.e, they are trading noise pollution against CO2 pollution and thus Climate Change (…really! …they want us to believe that Congress believes in Climate Change enough to give FAA approval to NOTconduct environmental reviews so long as CO2 will be reduced by the proposal).

On top of that, as another key element of the NextGen Fraud, they are careful to not talk about the significant enroute delays being imposed to facilitate the appearance that arrivals (in the last 100-miles or so) are less subject to holding patterns, long downwinds, delay vectoring, and other inefficiencies. With NextGen, FAA is making airports look more efficient, simply because they have offset the inefficiencies into the enroute portion of the flights. It’s all just smoke and mirrors.

The 140-pages in this Congressional hearing transcript (with submitted letters, etc.) is illuminating. It helps to clarify not just the goals of 1994, but the spin models used then and still used today.

Click on the image below for a scrollable view; the PDF file may be downloaded.

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